LUPU v. LOAN CITY, LLC et al

Filing 86

ORDER THAT THE MOTION FOR SUMMARY JUDGMENT AGAINST PLAINTIFF IS GRANTED. THE ENTRY OF DEFAULT AGAINST LOAN CITY LLC IS SET ASIDE AND THE FOURTH AMENDED COMPLAINTI IS DISMISSED WITH PREJUDICE AS TO ALL DEFENDANTS. THE CROSS-MOTIONS FOR SUMMARY JUDGMEN T AS TO THE THIRD PARTY COMPLAINT ARE GRANTED IN PART AND DENIED IN PART. THE CLERK IS DIRECTED TO CLOSE THE CASE FOR STATISTICAL PURPOSES. SIGNED BY HONORABLE CYNTHIA M. RUFE ON 3/27/17. 3/28/17 ENTERED AND COPIES MAILED TO UNREP AND E-MAILED.(mbh, )

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA
___________________________________
_
ADRIAN LUPU
:
Plaintiff,
:
:
v.
:
:
LOAN CITY, LLC, et al.
:
Defendants.
:
:
CIVIL ACTION NO. 12-4556
OCWEN LOAN SERVICING, LLC
:
Third-Party Plaintiff,
:
:
v.
:
:
STEWART TITLE GUARANTY COMPANY :
Third-Party Defendant.
:

ORDER
AND NOW, this 27th day of March 2017, upon consideration of the pending motions
and any responses thereto, and for the reasons set forth in the accompanying memorandum
opinion, it is hereby ORDERED that:
1.

The Motion for Summary Judgment against Plaintiff [Doc. No. 78], to which no

response has been filed, is GRANTED. The entry of default against Loan City, LLC is SET
ASIDE and the Fourth Amended Complaint is DISMISSED WITH PREJUDICE as to all
Defendants.
2.

The Cross-Motions for Summary Judgment as to the Third-Party Complaint [Doc.

Nos. 76 and 77] are GRANTED IN PART AND DENIED IN PART. The Court DECLARES
that Stewart Title had a duty to defend Ocwen as to all claims asserted in the Fourth Amended
Complaint, and DISMISSES the bad-faith claim against Stewart Title. This Order therefore
resolves all liability issues raised in the Third-Party Complaint.

3.

If the parties cannot resolve the question of the amount of any defense costs to be

paid by Stewart Title in accordance with this Order, the parties shall file submissions on the issue
within 21 days.
4.

The Clerk is directed to CLOSE the case for statistical purposes.

It is so ORDERED.
BY THE COURT:
/s/Cynthia M. Rufe
_____________________
CYNTHIA M. RUFE, J.

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